Q&As

If a landlord is unable to make contact with a tenant and proceeds to sell their goods under the Torts (Interference with Goods) Act 1977, what will happen to the proceeds of the sale if the landlord is still unable to make contact with the tenant to return the proceeds to them? In these circumstances, if a tenant owes the landlord money due to a breach of their tenancy agreement, can the proceeds of sale of the tenant's goods be used to offset that money owed to the landlord?

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Published by a ³ÉÈËÓ°Òô Property expert
Published on: 29 January 2016
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Money owed by the tenant cannot be so offset against the proceeds of sale of the goods.

Upon the termination of a tenancy, the tenant is required to give vacant possession of the demised premises. Many leases will impose an express obligation to do so, but in the normal course of events one will be implied. A failure to do so amounts to a trespass. Where the tenant leaves any possessions behind, the landlord becomes the bailee of them.

As bailee, the landlord has both rights and obligations. The goods are not his.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Goods definition
What does Goods mean?

Goods denote personal chattel and other property which may be detached from land.

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